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Beavercreek, Ohio, United States

Friday, October 30, 2009

House Bill 318

House Bill 318 is the bill that the House Democrats have come up with to “fill” the nearly $900 million hole in Ohio’s operating budget caused when Governor Strickland decided to withdraw his plan to supplant revenues in the education budget with estimated revenues from VLT’s after the Ohio Supreme Court ruled that the VLT decision is subject to referendum. This bill, which recently passed the House by a party line vote of 55-44 with two republicans joining with the democrats, is an income tax hike of 4.2% for all Ohioans.

This bill will retroactively raise the income tax rates on all Ohioans and leave Ohio families with a bill of nearly $900 million in unexpected taxes. The legislation attacks small businesses that pay the state income tax and created 70% of the new jobs last year. Since many small businesses are sub-chapter S (or similar tax reporting entities) corporations that report their business income on their personal income taxes this bill will hurt small businesses.

Calling the bill anything other than a tax increase is simply dishonest. Here are the facts:

Current 2009 State Income Tax Rates
$5000 or less
.587%

More than $5000 but not more than $10,000
$29.35 plus 1.174% of the amount in excess of $5000

More than $10,000 but not more than $15,000
$88.05 plus 2.348% of the amount in excess of $10,000

More than $15,000 but not more than $20,000
$205.45 plus 2.935% of the amount in excess of $15,000

More than $20,000 but not more than $40,000
$352.20 plus 3.521% of the amount in excess of $20,000

More than $40,000 but not more than $80,000
$1,056.40 plus 4.109% of the amount in excess of $40,000

More than $80,000 but not more than $100,000
$2,700.00 plus 4.695% of the amount in excess of $80,000

More than $100,000 but not more than $200,000
$3,639.00 plus 5.451% of the amount in excess of $100,000

More than $200,000
$9,090.00 plus 5.925% of the amount in excess of $200,000

HB 318 Proposed 2009 State Income Tax Rates
$5000 or less
.618%

More than $5000 but not more than $10,000
$30.90 plus 1.236% of the amount in excess of $5000

More than $10,000 but not more than $15,000
$92.70 plus 2.473% of the amount in excess of $10,000


More than $15,000 but not more than $20,000
$216.35 plus 3.091% of the amount in excess of $15,000

More than $20,000 but not more than $40,000
$370.90 plus 3.708% of the amount in excess of $20,000


More than $40,000 but not more than $80,000
$1,112.50 plus 4.327% of the amount in excess of $40,000

More than $80,000 but not more than $100,000
$2,843.30 plus 4.945% of the amount in excess of $80,000


More than $100,000 but not more than $200,000
$3,832.30 plus 5.741% of the amount in excess of $100,000

More than $200,000
$9,573.30 plus 6.24% of the amount in excess of $200,000


With the information in hand, you can decide for yourself whether or not this is a tax increase!

The bill has been deceptively labeled the “Education Funding Protection Plan” because it purports to protect the revenue stream aimed at education from the VLT’s. When Governor Strickland gambled with the VLT’s he simply moved money from the schools back to the general revenue fund. We can just as easily protect our schools and move the money back to the schools from the general revenue fund. This is the responsible thing to do. The fear-mongering that has taken place is shameful. By moving the money back to the schools from the general revenue fund we can have a responsible debate about the entire state budget which actually grew this year by nearly 7%.

Since July of this year alone, this administration has increased state spending by $220 million through the controlling board. House democrats claim that republicans have no solutions yet they continue to table our amendments and refuse to even hold a single hearing on issues such as HB 25. HB25, introduced by republicans in January would restructure the executive branch of Ohio’s government and has an estimated savings of $2 billion. Republicans have also introduced HB 240 which puts in place recommendations made by the State Auditor to enhance Medicaid and would have an estimated savings of more than $300 million. HB 65 and HB 120, also republican sponsored legislation would include additional savings, yet as of today, none have had a single hearing.

Democrats have no interest in doing any real work on behalf of Ohioans. While they have repeatedly stated that they believe increasing taxes in this economy would only worsen the recession, their actions indicate their true feelings…that government is the solution to all of your problems and we can only solve the difficulties we face by increasing taxes and expanding government.

Wednesday, September 16, 2009

Back To Work

It's been a while since I've posted a blog. The legislature has been on summer recess. Most of us have been busy going door-to-door in our districts while continuing to work on legislation to be introduced upon our return to Columbus. Of course, as soon as we came back to Columbus; Speaker Buddish and the democrats in control of the Ohio House of Representatives promptly cancelled session for the rest of this week and all of next week! The communication and leadership of those in the majority has been dismal at best. Most of the decisions made by this general assembly has been dismal as well. Below is the text of my August 2009 Guest Column for the newspaper. It was picked up by a few other sources so you may have already seen it but I felt it was worth sharing here as well.

ECONOMIC RECOVERY LIES IN JOB CREATION, NOT SPENDING

As Ohioans become increasingly concerned about the direction in which our nation is heading, the state and federal government continue to become more involved in the everyday lives of its citizens. With recent talks in Washington about government-controlled health care and cap-and-trade on fuel emissions, Americans are witnessing government power growing at an astounding rate. Here in Ohio, government growth has immediately impacted the wallets of taxpayers who are forced to finance wasteful spending.

The recent passage of Ohio’s state operating budget marked an unprecedented reliance on one-time money to fill the budget hole and create additional government programs. This particular budget cycle has seen a significant shortfall in revenues, but instead of cutting spending to compensate for the deficit, many of my colleagues in the Legislature opted to dump $7 billion in one-time funds into Ohio’s General Revenue Fund. These funds, along with tax dollars and revenues, will be distributed among state agencies to fund programs like Medicaid and education. A major concern for my colleagues in the House Republican Caucus is the probability that the one-time money will run out before Ohio’s economy rebounds, which would leave many essential programs underfunded and force taxpayers to pick up the slack.

At a time when Ohioans are suffering through the deepest recession in decades, one question remains unanswered: why would our state legislature expand government and create additional programs when it has difficulty supporting the programs already in place? As a business owner, I have advocated for sensible financial policies that would scale down government spending to match our state’s sunken revenues. After all, business owners and families understand the importance of living within one’s means and trimming excessive spending during difficult times. Unfortunately, our state budget has actually increased spending by nearly $2 billion during the next two years, and with the dependence on short-term money for long-term projects, it is likely that Ohio’s taxpayers will shoulder the finances in the end.

The answer to Ohio’s economic recovery lies not in raising taxes to fund government growth, nor does relying on one-time money provide a lasting answer to our budget hole. With unemployment steadily climbing in Ohio, our state legislators need to turn our economy around by creating a better business environment and attracting and retaining jobs. Entrepreneurship and small business growth will help create jobs, increase productivity, and maximize competition and innovation. Ohio has great potential that can be realized through a focus on job creation and business, not structural inefficiency and high taxes.

Government has grown into an entity it was never intended to be. Instead of enforcing national security and protecting our economic markets, it has transformed into a hungry monster that consumes more and more of our hard-earned income. Excessive spending by government ultimately hinders our state’s long-term success, and in recent years, government spending has swelled due to increased entitlement expenditures and inefficient services. As always, I will continue to advocate for a government that benefits its citizens, not a government that relies on the people for profit.

Friday, June 26, 2009

I am Life Athlete

I want to share Life Athlete with you. A concept that has been in existence for years and is being further cultivated by my good friend Joe Heskett.

Joe was a World Class wrestler whose spectacular career was horrifically cut short by a heart ailment that forced him to retire. Beyond that, Joe is one of the best human beings I have ever met. He is an inspiration to all those who have ever met him. Words do not begin to describe the amount of admiration and respect I have for Joe.

He is now working to advance those skills that sports bestow upon our children; hard work, motivation, determination, self-discipline, personal responsibility, respect and sportsmanship, among many others. The goal is to motivate people to make positive change, be a role model for a child and help to develop others.

I am Life Athlete. The sport of wrestling taught me many valuable life skills. I was able to travel the world and have become the person I am today because of the many positive influences and opportunities that were afforded to me.

I encourage you to visit the Life Athlete page; http://www.facebook.com/MartinForOhio?ref=profile#/group.php?gid=92660717738&ref=ts watch the videos of Joe describing the movement in his own words, then become a part of the movement to be a positive influence in the life others, be a Life Athlete.

Thursday, June 11, 2009

Representative Jarrod Martin's Public Service Announcement

The Ohio Budget And Government Savings

It is no secret that Ohio is in the middle of one of the worst budget crises in recent memory, and now more than ever it is important to present innovative and real belt tightening approaches to Ohio’s budget problems.

Currently, the state faces a budget deficit of more than $2 billion, double-digit unemployment, and a rising burden on our state’s welfare system when resources are drying up. Families are cutting back on their expenses and finding ways to scrimp and save money, and Ohioans who never needed assistance before are finding themselves asking for it now.

While families are being forced to cut expenses, our state government seems to be growing, as evidenced in the House Democrats’ version of the operating budget which increased overall spending by $1 billion. When looking for additional ways to find revenue and new funds in times of need, many minds will first turn to tax and fee increases to gain new revenues. Imposing a tax is not an option for families when they are looking for additional income. This isn’t fair to Ohio’s taxpayers who will ultimately foot the bill for our state government’s spending.

In times like these, our government in Columbus needs to look internally for cost-saving measures before one single taxpayer is asked to open their wallets. I can tell you based on my time in the Legislature that one can hardly take two steps in Columbus without tripping over an example of government waste. This is why I have joined my colleagues in the Ohio House of Representatives and co-sponsored House Bill 25 (H.B. 25) and House Bill 210 (H.B. 210).

H.B. 25 would shrink the scope of the governor’s cabinet from the current level of 24 departments and agencies to 11. To fully streamline government services, each of the government’s current functions would be grouped into divisions within the appropriate cabinet departments, thereby eliminating duplicate services and saving an estimated $1 billion annually, a real step towards a solution to our financial problems.

State government has not changed the way it has done business in more than 50 years. Removing wasteful repeats of services by consolidating agencies with similar functions will save taxpayers dollars. The House Republicans offered H.B. 25 as an amendment on the House floor as the state’s budget was being debated. The Speaker and House Democrats promptly tabled this plan that would free up $2 billion to help balance the budget.

A recently introduced piece of legislation, H.B. 210 would reduce the salaries of statewide elected officials in the next General Assembly by 5 percent until Ohio and our economy turns around. The pay cuts would equal those imposed on other state employees. It is yet to be seen what will happen to H.B. 210, but I hope to see the House recognize the necessity of this bill. As employees of both private and state jobs experience cuts in pay, it is only right that state leaders undergo pay cuts, as well.

Ohio House Weekly Update - June 8, 2009

Monday, May 18, 2009

Jarrod's Sponsor Testimony of the State Sovereignty Resolution

Representative Jarrod B. Martin
70th House District




Sponsor Testimony
House Concurrent Resolution 11

Chairman Gerberry, Ranking member Daniels, members of the State Government Committee, I appreciate the opportunity to come and present sponsor testimony for House Concurrent Resolution 11. I also would like to thank Representative Jordan for his collaboration and sponsorship of this resolution.

We all are aware of the importance of the U.S. Constitution as the legal foundation of our republic, I do not have to tell you the dire implications of one level of government ignoring some, or all, of this document. Our Constitution has served us well for over two hundred and twenty years, in part, because of the great respect and adherence to it by both the federal government and the respective states. It is true that since it’s ratification in 1789, the U.S. Constitution has been interpreted by some of the most brilliant minds in our nation’s history. One question that deeply divided the political thought of the founders was how many powers were to be granted to a centralized government and what authorities were to be retained by the states. This discussion has continued through the course of history and it continues still today.

The fear of a strong centralized government arose, in part, from the unfair policies and taxation established by the rule of the British crown. Policies and taxation over which the American colonists had no say. Some of the founders such as James Madison believed that the federal government would never become too powerful because the people, with these memories so vividly in their minds, would not allow it. After many months of debate, the Constitution was ratified, but not before it was agreed that a Bill of Rights be immediately added. What resulted were ten amendments to the Constitution that guarantees the rights of individual citizens and states alike. These included the security and guarantee of our most precious freedoms; those of speech, religion, press, and fair trials among others. Included in this same Bill of Rights is the Tenth Amendment, which reads:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”

I firmly believe the Constitution sought to ensure that all levels of government in our republic derive its’ power from the people, and the Tenth Amendment preserves this local control even in the face of the federal government.

As representatives of the people of Ohio, we play an important role between the constituencies of our districts and the state and federal governments. It is not only our right but it is our responsibility as Ohio’s elected officials to question the federal government and work towards the protection and preservation of a long established and sacred republican framework. Fellow members of the Ohio House and representatives sitting on this committee, we are the ones that must take a stand to preserve the delicate balance between federal and state jurisdiction laid forth in our Constitution. While there are many powers and responsibilities granted to the federal government from which the states are prohibited, all others are retained by the states or people according to our Bill of Rights.

We must ensure that the federal government is adhering to the responsibilities set forth for them in the Constitution, and not arbitrarily assuming powers outside their delegated authority. Our resolution, perhaps more commonly known as the state sovereignty resolution seeks to do just that. For many years now, the Federal government has demonstrated to the states and the American people time and again negligence in following their Constitutional authority. An authority delegated to them by the states! While the federal government continues to serve an important role within the framework of our federal republic, we the people cannot, and must not, allow it to continue to violate the U.S. Constitution and Bill of Rights any longer through the use of mandates and other regulations upon the states.

Some of the most prevalent examples of this can be found in the language of recently enacted laws of Congress. Laws such as the 2002 No Child Left Behind Act, which mandated education reforms on the states while severely underfunding the costs to the states. The REAL ID Act of 2005 mandated to the states the minimum information that would be required on driver’s licenses. The list goes on and on. Are the American people and the various states’ not capable of providing sufficient education regulations knowing that we in Ohio know how best to educate the young people in our communities? Or that we cannot decide what minimum information is necessary on the driver’s licenses our state issues? Most recently, there is word that the Federal government may transfer international terrorists from Guantanamo to our state. Congressman Steve Austria has introduced legislation to prohibit this from occurring, but I ask you, is that not our decision to make?
We took an oath to protect and uphold the Constitution of the United States and are duty-bound to ask ourselves, are these and countless other examples really within the Constitutional authority of the federal government and by our silence do we relinquish our constitutionally reserved rights to an entity we the states created?

Additionally, this resolution is about making sure that the federal government does not financially cripple our children, grandchildren, and great-grandchildren. According to a recent report by the Congressional Budget Office, the proposed federal budget includes a deficit of nearly $1.7 trillion. Even with annual budget deficits being reduced in subsequent years, the Congressional Budget Office estimates that the total cumulative budget deficit between 2010 and 2019 will be $9.3trillion. A deficit this size has not been seen since the end of World War II. While the current economic circumstances deserve consideration, we should not be satisfied with the federal government’s rapid and unconstitutional expansion beyond the scope of its’ authorities delegated to it by the states. I cannot in good conscious support these and other measures enacted by the federal government that will prove to be an encumbrance to us and subsequent generations.

In closing, there has always been discussion of this topic in American politics dating back to the founders, and this resolution will not end this discussion. Make no mistake, Ohio is, and will continue to be, a proud member state of the United States of America. This resolution contains no secessionist language unlike similar resolutions proposed in other states, but rather seeks to have the federal government live within its constitutional authority. HCR 11 simply claims Ohio’s rightful sovereignty over all powers not granted to the federal government by the U.S. Constitution, and resolves that all federal legislation directing states to comply with regulations or lose funding be prohibited or repealed.

I ask you to carefully consider HCR 11 and realize that this is not a Democrat or Republican resolution. This is an American resolution that simply asks that we follow the constitution. Thank you again for the opportunity to give testimony on this very important resolution. At this time, Representative Jordan has a few words. When his is finished we’ll both be happy to answer any questions that you may have.

Thursday, April 30, 2009

Ohio's $54 Billion Operating Budget

Yesterday was an historic day for the State of Ohio. Of course, House Democrats claim it's historic because of the changes to Ohio's Education funding - like many other things they have decided the debate is over and are claiming victory. But to those who pay attention, we know that it was historic not because we fixed education funding, but because for the first time since the DeRolph case was originally filed, Ohio is CUTTING funding for education! I don't think anyone thought when the governor campaigned on fixing education funding that he meant he was going to reduce the funding! And, the House Democrats continuously stated that we "finally have a funding mechanism that is constitutional". Excuse me, but I thought the legislature just wrote the law, I didn't realize that they interpreted it too! I thought that's what we had courts for.

When we passed (rather they; it passed along party lines 53-45 with one R absent) the budget yesterday, it had grown by about $600 million since the governor presented it, is 10% larger than last year and cuts funding to education by roughly $383 million over the course of the next two years! Much of the money for the new school funding formula is expected to come from somewhere, we just don't know where yet. But have no fears, the House Democrats have PROMISED to get the money. This led Rep. Seth Morgan to proclaim that we have created a new class of "unfundeds". We no longer just have unfunded mandates on the schools, but we now also have "unfunded promises" for the schools!

There are the conversion levies too! This is a difficult to explain idea that I'm not going to go into a great deal of detail on. But in a quick nutshell; conversion levies, if passed by the voters, will allow school districts to convert certain milage that we pay property taxes on to grow as your property value increases. Another easier albeit basic way to think of this is that your property taxes or at least a portion of them will rise at the rate of inflation.

Charter schools, E-schools, and higher education were also hurt in this budget. Charter schools will see a 20 percent cut in their funding. Institutions of higher education are asked to freeze their tuition increases for another two years and limit it to 3.5 percent after that while at the same time funding for two-year institutions were cut. E-school students were hit the hardest with a cut that will likely force many of their students back into traditional brick and mortar classrooms. The 74 percent cut in their funding will likely prove insurmountable.

The leadership of the House Democrats has been lacking during the entire process. Compare the passage of this budget (53-45)to the passage of the budget two years ago (98-1). I believe a nearly unanimous passage two years ago speaks volumes of the leadership while the party line vote yesterday tells a story too. And don't let anyone fool you into believing the Republicans had much of anything to do with this budget either, not that we didn't offer to help. Of the 150 or so amendments offered by Republicans both in committee and on the floor of the House, only about 2 were actually agreed upon by the Democrats. Talk about being bi-partisan and working together for all Ohioans! We are putting a lot of faith into the Republican controlled Senate to clean up this mess. Of course, they might be better off to pitch the whole thing and start over! Which, by the way, was an amendment we offered-to allow more time so some real progress could be made on fixing it-and guess what, it was denied. Go figure.

The budget is unsustainable and fiscally irresponsible. It uses over $5 billion in one-time revenue sources, including approximately $3.1 billion from federal bailout funds totaling nearly 10 percent of the GRF revenue. The use of this one-time money is setting us up for disaster in two years. The governor's own budget forecasters are predicting a $2 billion hole in the budget during the next budget cycle. Auditor of State Mary Taylor believes it will be closer to $8 billion. According to a report by the Legislative Service Commission, it would take a 24 percent increase in income taxes or a 31 percent increase in the sales tax to offset this hole. Of course, the governor is expecting that this won't matter because it will occur after his bid for re-election.

Current revenues are coming in under their original estimates and when House Democrats couldn't balance the budget as required by Ohio's constitution, they decided to use more optimistic revenue forecasts! Now, I've had to make lots of budgets, but never have I heard that when you can't make it balance that you should just adjust your revenues up, but that's what happened in the House.

The bill also includes over 150 new fees, fines, and penalties as proposed by the governor that will raise nearly $1 billion for the State. Most of which, amount to nothing more than tax increases because the funds are being used to free up funds in the tax-supported General Revenue Fund. The House Democrats added an additional $70 million in fees on top of those proposed by the governor. These fees apply across the board to everything from increased birth certificates and increased motor vehicle registration and vision screening to penalties on cosmetologists to increased livestock fees. Consumers will likely bear the brunt of the fee increases as businesses pass the costs on in the form of higher rates.

One of the most egregious of the new fees is the "Hospital Assessment Fee". The Ohio Hospital Association estimates this new fee will cost Ohio 6,800 jobs as hospitals lay off personnel to offset the more than $500 million they will be paying to the State. It is essentially a new tax on hospitals to help pay for the increases in Medicaid, which will now cover children up to 300 percent of the federal poverty level. This is a little over $60,000 for a family of four. We are likely to see employers reconfigure their health care plans to shift children of employees to Medicaid coverage and thus to state taxpayers.

A few other things in the Democrat budget that will affect your health care coverage (and costs)are the new requirements for all health plans to cover non-married, dependent children until age 29, and the elimination of the requirement that in order to receive unemployment coverage an individual must be eligible for continuing coverage through the employer and extending this coverage from six months to nine months. Here's the real kicker with health care coverage and the one that may leave your employer wondering if they should provide health care at all, is a new requirement that Autism Spectrum Disorder be covered up to $36,000 per year. Sounds nice, there's lots of kids with this debilitating condition and surely we want to help them, but the devil is in the details. This requirement is mandatory, the disorder MUST be covered, even if there are no dependents that need it, you will be required to carry a rider to cover it! Estimates have this costing $40 per employee per month. The exception...it is not required if insurance is not offered.

In these challenging economic times, the number one challenge confronting Ohio is job creation and job training to get Ohioans back to work. The budget as passed lacks focus on a job plan. But it gets worse because funding for some of our job training entities was actually cut!

The bottom line is that the governor and the House Democrats took the easy way out. They did not make the tough decisions that needed to be made. They did not prioritize. They kicked the can down the road and presented the State of Ohio with a 4,086-page behemoth of a budget that over-spends, over-taxes, and grows the government. It is irresponsible and Ohioans deserve better than that.

Thursday, April 2, 2009

Doing business in Ohio

It's no wonder Ohio is considered unfriendly to business and we are losing jobs at the rate we are!! When someone is about to introduce legislation, a memo is sent to all members of the House, Republican and Democrats requesting cosponsors. I received this cosponsor request today:



Rep. Sandra Williams

Memorandum

To: All House Members

From: Representative Sandra Williams

Date: April 1, 2009

Re: Co-Sponsorship Request

I will soon introduce legislation to increase the fees for renewing a C1, C2, and C2X liquor permit. Currently, C1 permits are $252, C2 permits are $376 and C2X permits are $252. The bill will increase the renewal fees to $2,500 each.

Permit Class Definitions:
C1: Beer only in original sealed container for carry-out only
C2: Wine and certain prepackaged mixed drinks in sealed containers for carry out
C3: Beer in original sealed containers for carry-out

If you would like to co-sponsor this legislation, please contact Tatum Rucker at 6-1414 or via email at Tatum.Rucker@ohr.state.oh.us by 5:00 pm on, Tuesday, April 28, 2009.

Thank you for your consideration.



Tatum M. Rucker
Legislative Aide
State Representative Sandra Williams
Ohio House District 11
77 South High Street, 13th Floor
Columbus, Ohio 43215-6111
(614) 466-1414
(614) 719-0011 Fax


Passage of Transportation Budget

Recently I wrote about the mess the Democrats had made when we were first considering HB 2, and how the question was asked if we concurred with the emergency clause and the Speaker broke the rules and never asked the question about whether or not there was concurrence on the actual bill. Well, we never really got that straightened out, the final verdict was that the Speaker's interpretation of the rule is that it can be done that way and besides, he holds the gavel and they're going to do it however they want. He's once again reminding us that the Democrats control the House and they are going to do what they want.

I voted against the transportation budget along with 28 colleagues in the House and 2 colleagues in the Senate. Here's some of the highlights of the bill:
  • $100 Million in new and increased fees including increases in vision screenings for your drivers license, temporary tags, late license registration, vanity plates, and plate transfers
  • Takes appropriation authority from the General Assembly (where the State Constitution places it) and gives it to the Controlling Board to spend Billions in Federal Stimulus money
  • Allows an EMT to withdraw blood for purposes of the OVI law
  • Requires residential building codes to comply with the International Energy Conservation Code
  • Creates a new government position to oversee spending of Federal Stimulus funds

While this bill represents an improvement over what it originally was when it left the House, it still represents bad policy and irresponsible spending.

Sunday, March 29, 2009

House Vote on Senate's Version of Transportation Budget

An interesting thing happened last week. It was Tuesday March 24, 2009. We were in the House Chambers for Session. The Agenda included a vote on concurrence with the Senate version of the Transportation Budget.
Everything appeared to be normal, there was an emergency clause in the bill and the Speaker called for the vote, repeating the question to be voted on, as is customary; The question is, shall the emergency clause be a part of the bill? (I'm paraphrasing because I forgot my papers in the office) The vote came down: 93 nays 6 yeahs. The Speaker then states: (again paraphrasing), The measure failed to receive the constitutional requirement for passage, therefore the House does not concur with the Senate, the bill will go to conference committee.
My immediate thought was that maybe I voted wrong or made some sort of freshman mistake because I did indeed concur with the Senate changes. There was immediate reaction from other members, papers were rustling, a few people quickly left their seats to speak to others, and quiet discussion followed. Minority Leader Batchelder went to speak to the Clerk. The Speaker then proceeded through the remainder of the Agenda.
I sat in my chair speaking with my colleagues who sit around me. We were all wondering what had just happened because we voted according to the question asked. Normally, and by House Rules, whenever there is an emergency clause; the emergency clause and the bill are voted on separately. We had not voted on concurrence! Yet the Speaker said we did and that we voted against it!!!
Later that evening in caucus, the leadership outlined what had happened and what recourse and actions we might take. We were sure to get copies of the Journal - both, to make sure that it would not be changed and to prove that there was never a vote taken on concurrence with the Senate. Some members, like Leader Batchelder, said that in his forty some years in the Legislature, he had never seen anything like this! One would think that the Speaker of the House would know the House Rules!
Of course, all the rest of the week, the media reported that the House had rejected the Senate changes to the Transportation Budget by a vote of 93-6, which I think looks pretty bad. It looks like we overwhelming didn't like what changes the Senate had made. That is simply false. I mean, it would probably have gone to conference anyhow, but the vote would have been more like 53-46.
What happens from here I'm not sure. The Conference Committee has been scheduled and rescheduled about six times now. Of course, I don't know what they have to talk about in conference committee, the only thing we voted on was the emergency clause! It has been suggested that because the democrats screwed it up that they will have to accept the Senate changes or that they might be able to request a reconsideration.
Whatever happens, I know this much; the democrats don't seem to know what they are doing and I did not vote against the Senate changes to the Transportation Budget, I voted against the emergency clause!

Wednesday, March 18, 2009

Just Another Government Outrage

I've recently learned that we are now providing social benefits to individuals based on a "categorical eligibility" meaning that if you qualify for one program (like unemployment) then you automatically qualify for other entitlement programs without any further verification of need! The result is that we are now giving food stamps to individuals with multiple rental properties and one family with a net worth of more than $400,000!
Read more here: http://www.daytondailynews.com/search/content/oh/story/news/local/2009/03/17/ws031909commission.html?cxntlid=inform_artr

The Dayton Daily News has written about three articles on it.

Sunday, March 15, 2009

Soverignty and the 10th Amendment to the U.S. Constitution

The definition of sovereignty is the supreme power or control especially over a body politic; freedom from external control; controlling influence. We think of countries around the globe as independent sovereign states and I have to ask, do we think of Ohio as a sovereign state? The answer should be yes! Ohio and the other forty-nine states that make up the United States are in fact sovereign. These fifty independent states should be likened to fifty small countries, each with their own boundaries, laws, and leaders. Indeed, there is a legal argument to be made with that statement, see http://www.tenthamendmentcenter.com/2009/02/21/were-the-states-sovereign-nations-2/ for more discussion on that.





The states delegated certain rights of their sovereignty to a central federal government with ratification of the constitution and I will briefly examine the term delegate as it is done in the link above. To delegate is to transfer power or to assign. Therefore, it is fair to say that the states assigned or transferred certain rights to the federal government. However, ever so mindful as the founders were, there was a fear that eventually a large central government would become too large, too powerful, and begin to overtake or usurp the rights and power of the states. Thus, in the Bill of Rights passed very shortly after the constitution, we have the 10th Amendment, which reads:





"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."




The tenth amendment defines the entire scope of the federal government. More precisely, it limits the scope of the federal government to only those powers delegated to it by the states. Therefore, the federal government derives its power from the states. It is an agent of the states.


It can be argued that since its inception, through the Civil War, the passage of the 16th and 17th Amendments and into today, the federal government has been overstepping its authority of the states. In The Federalist Papers, Hamilton, Madison, and Jay argued in favor of a central federal government telling us that the federal government could never grow too large because the people would not stand for it, they would never allow that to happen. They were wrong.


Today, the federal government continuously dictates to the states. The federal government tells the states that they must pass this legislation or that legislation if they are to receive federal funding. One most egregious example is in the recently passed American Recovery and Reinvestment Act, states are required to raise Medicaid eligibility standards to 300% of the federal poverty guidelines. Here's an example of what that means: Federal poverty guidelines for a four person household equals a yearly income of $21,200, 300% = 21,200 X 3 = $63,600!!! Therefore, in my house with my wife and three kids and my income as a State Representative, I can qualify for Medicaid!! Do we really need to give handouts to people with that kind of income?


It is for these reasons and so many more which I've not covered today, that I have introduced Ohio's State Sovereignty Resolutions. The Resolution is not as strongly worded as some states have introduced (there's no language of secession), but more strongly worded than other states.


The Resolution is to reaffirm our rights under the Constitution as a sovereign state, to tell the federal government that we believe in the Constitution and to let the federal government know that we expect them to abide by it. To learn more about Ohio State Sovereignty and what other states have been doing, visit The Ohio Republic. Be sure to click through to the other sites that they are connected to.

Friday, March 13, 2009

Everyone's always happy on Friday!

It's Friday and everyone seems to be pretty happy about that! The weather, while a little cold, is still nice with lots of sun and clear skies. After a very hectic week, I finally have a rather slow day! Only two scheduled meetings, one at noon and one at five. I'm enjoying that because it gives me time to catch up on some of the smaller stuff, including this blog. I'm planning on stopping by at a few local businesses to chat with the owners. Although I do have a few meetings planned for the weekend, I always look forward to the weekends because I'm usually home before dark and actually get to spend a little bit of time with my kids!

Tuesday, March 10, 2009

Busy Day

The day started innocently enough. My first meeting in Columbus wasn't until ten thirty which meant I didn't have to leave the house until around nine. From then on though, I had at least one meeting every hour until five. Between five and seven there were nine events scheduled, including one that was back in Greene County! I got home around ten and worked on some paper work until about 11:30. Then I checked some e-mail, updated my website and decided to share my schedule with the world on here! It's now ten after midnight and my first meeting is at 7:30 tomorrow morning in Cincinnati! -Good night!

Monday, March 9, 2009

First Time

So this is my first blog. I'm in the process of learning a whole new language in terms of RSS feeds and atoms and widgets, which I still don't fully understand! I was trying to take a RSS feed off of my website but it appears that it's only going to work for the rest of the day today and then thirteen days because that's all the longer the free trial lasts and I'm not all that willing to pay for something that I figure I can do for free. I just have to figure it out! I think I might be able to find some language to put into the html code that will do it. If there's any technologically savvy individuals who'd like to donate their services to my campaign, I'd love to hear from you!